Advisory Council: PAR-law contravenes Constitution

February 12, 2012 10:10 AM

The private member’s bill of the PAR-party to discourage sexual intimidation on the shop floor in the government sector, contravenes the principle of equality, the Constitution of the country Curaçao and the European Treaty for Human Rights (EVRM). The Advisory Council (RvA) states this in their commentary on the private member’s bill National Regulation protection against sexual intimidation on the shop floor.

The main issue in the private member’s bill is that persons employed with the government and employees with government nv’s and institutions should be protected against sexual intimidation on the shop floor. The RvA agrees with the initiators it’s important that civil servants and employees with artificial persons in private law of the government must be protected against undesired sexual intimidation on the shop floor. However, the Council points out others outside the government should have equal protection. The RvA concludes that the current law under discussion does not provide such.
 
According to the RvA, the rules outlined by the private member’s bill will only apply for a part of the private sector. “The employees of incorporated companies and institutions from the government will be protected by the simple fact they are employed with those entities, contrary to employees in the rest of the private sector. This difference in treatment will lead to an unequal treatment.”
 
A difference in treatment is possible under circumstances, said the RvA. However, in this case the highest advisory organ concludes that the law contravenes the principle of equality, the Constitution of the country Curaçao and the EVRM. “A review should evaluate if in a concrete case there should be a question of an admissible difference or the interest of the objective equals the interest that the (basic) law remains applicable for equal treatment without limitations. One should also consider whether the objective can be reached in a different way or with less limitation of the basic law.”
 
The RvA points out that the initiators of the enactment depart from the fact that the government should be held up as an example to make it clear which behavior will not be tolerated. “The example function could also give a signal that hopefully the private business community will act upon. According to the council, the interest, which the initiators wish to reach with their objective, does not sufficiently match the interest of everyone for equal treatment.”

10 February 2012